An official at the Korea Coast Guard has won a legal challenge against a suspension order stemming from the 2020 killing of a South Korean fisheries official by North Korean forces in the Yellow Sea. The Incheon District Court ruled that the personnel action against Kim Tae-kyun, currently head of the Pohang Coast Guard Station, constituted an abuse of discretionary power.
Court Renders Decision on Coast Guard Official’s Suspension
The Incheon District Court Administrative Division 1-2, presided over by Judge Choi Sang-su, ruled on Dec. 27 that the Coast Guard must revoke the job suspension imposed on Kim. The court also ordered the agency to cover the costs of the lawsuit. At the time of the September 2020 incident, Kim served as the head of the criminal investigation division for the Coast Guard.
The case involves Lee Dae-jun, an official with the Ministry of Oceans and Fisheries, who went missing on Sept. 21, 2020, and was shot and killed by North Korean troops in North Korean waters the following day. Under directives from agency leadership, Kim drafted a report asserting that Lee harbored intentions to defect to the North. During the third official investigation briefing, Kim explained that Lee had reportedly exhausted gambling funds meant for purchasing blue crabs.
Shifting Assessments and Disciplinary Actions
Two years after the incident, the Coast Guard and the Ministry of National Defense reversed their previous positions, stating they found no evidence to substantiate claims that Lee intended to defect. Subsequently, the Board of Audit and Inspection accused Kim of distorting investigative findings to establish a basis for the defection conclusion, prompting the Coast Guard to demand disciplinary measures.
The Coast Guard officially suspended Kim on Dec. 29, 2023. Prior to the suspension, Kim had already spent roughly a year and a half without an assigned post starting in July 2022, effectively placing him on standby status.
Judicial Reasoning and Prosecution Outcome
The court determined that the prolonged lack of an assignment inflicted both status-related and financial disadvantages on Kim. Judge Choi stated that issuing a suspension from a position that effectively did not exist amounted to an abuse of discretionary power.
The court also considered that prosecutors dismissed forgery charges and related allegations against Kim in July. Judge Choi noted that Kim’s alleged misconduct could not be viewed as sufficiently grave to prevent him from carrying out his regular duties normally.
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